T 4:30PM - 6:30PM
Tanenbaum Hall 320
This course studies the legal issues raised by computer-related crimes and by the need to gather evidence in digital format in many types of cases. It considers three main questions: First, what conduct involving a computer is a crime and how have computers changed existing crimes? Second, what law governs the collection of electronic evidence in criminal investigations? And third, which governments have jurisdiction over the investigation and prosecution of computer crimes? Topics covered include the computer hacking statutes; Internet fraud crimes; theft of trade secrets; criminal copyright offenses; Internet threats; child pornography laws and online undercover investigations; the Fourth Amendment in cyberspace; the Electronic Communications Privacy Act; Internet surveillance law; international computer crime investigations; the role of federalism in computer crime cases; and the intersection of computer crimes and national security surveillance.
This course is fundamentally about criminal law as it applies to computers and computer networks. It is not a technology course. While a knowledge of computers and computer networks can be a plus, it is not a prerequisite. Most students who have taken the course previously had no specialized training in the technology.
A basic course in United States criminal law and criminal procedure (one that covered the Fourth Amendment to the U.S. Constitution) is needed to understand much of the material.
This is a discussion class. For that reason, attendance is mandatory. This is a small class and the absence of even one person affects the quality of discussion. Mandatory attendance means that you need a good excuse not to attend.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.
Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.
"2024 Caselaw and Statutory Supplement to Computer Crime Law" by Orin Kerr